Roy C. Smith and Ingo Walter
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780195171679
- eISBN:
- 9780199783618
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195171675.003.0010
- Subject:
- Economics and Finance, Microeconomics
Potential conflicts of interest are a fact of life among the financial firms that help direct the flow of capital in the modern market-oriented economy. There are essentially two types of conflicts ...
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Potential conflicts of interest are a fact of life among the financial firms that help direct the flow of capital in the modern market-oriented economy. There are essentially two types of conflicts of interest that face intermediary firms: Type 1 conflicts arise between a firm’s own economic interests and the interests of its clients, usually reflected in the misappropriation of economic gains or mispriced transfers of risk; Type 2 conflicts develop between clients, placing the firm in a position of favoring one at the expense of another-bankers who systematically favor corporate clients over investing clients would be an example of this type of conflict. Both types of conflicts can arise either from interprofessional transactions carried out in wholesale financial markets, or in activities involving retail clients.Less
Potential conflicts of interest are a fact of life among the financial firms that help direct the flow of capital in the modern market-oriented economy. There are essentially two types of conflicts of interest that face intermediary firms: Type 1 conflicts arise between a firm’s own economic interests and the interests of its clients, usually reflected in the misappropriation of economic gains or mispriced transfers of risk; Type 2 conflicts develop between clients, placing the firm in a position of favoring one at the expense of another-bankers who systematically favor corporate clients over investing clients would be an example of this type of conflict. Both types of conflicts can arise either from interprofessional transactions carried out in wholesale financial markets, or in activities involving retail clients.
David B. Resnik
- Published in print:
- 2007
- Published Online:
- January 2007
- ISBN:
- 9780195309782
- eISBN:
- 9780199871285
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195309782.003.0005
- Subject:
- Philosophy, Moral Philosophy
This chapter describes the different kinds of interests that may affect scientific research and defines conflicts of interest for individual scientists and for research institutions. It explores how ...
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This chapter describes the different kinds of interests that may affect scientific research and defines conflicts of interest for individual scientists and for research institutions. It explores how conflicts of interest can undermine scientific objectivity as well as the public’s trust in research. It discusses three basic strategies for dealing with conflicts of interest: disclosure, management, and prohibition. In many cases, disclosure is all that is required to deal with conflicts of interest, but prohibiting the conflict may be required in cases.Less
This chapter describes the different kinds of interests that may affect scientific research and defines conflicts of interest for individual scientists and for research institutions. It explores how conflicts of interest can undermine scientific objectivity as well as the public’s trust in research. It discusses three basic strategies for dealing with conflicts of interest: disclosure, management, and prohibition. In many cases, disclosure is all that is required to deal with conflicts of interest, but prohibiting the conflict may be required in cases.
Edward Wasserman
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195370805
- eISBN:
- 9780199776610
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195370805.003.0017
- Subject:
- Philosophy, Moral Philosophy
This chapter focuses on one of the “must avoid” ethical principles, conflict of interest, arguing it is a far more complex and widespread problem than generally acknowledged in, for example, codes of ...
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This chapter focuses on one of the “must avoid” ethical principles, conflict of interest, arguing it is a far more complex and widespread problem than generally acknowledged in, for example, codes of ethics. After a conceptual analysis of the nature of conflict of interest and of its ethical impact on practice, its endemic presence in journalism — both mainstream and emerging — the chapter provides a series of recommendations for better-managing conflicts.Less
This chapter focuses on one of the “must avoid” ethical principles, conflict of interest, arguing it is a far more complex and widespread problem than generally acknowledged in, for example, codes of ethics. After a conceptual analysis of the nature of conflict of interest and of its ethical impact on practice, its endemic presence in journalism — both mainstream and emerging — the chapter provides a series of recommendations for better-managing conflicts.
Frederick Grinnell
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195064575
- eISBN:
- 9780199869442
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195064575.003.0004
- Subject:
- Biology, Evolutionary Biology / Genetics
Chapter 4 analyzes everyday practice of science in the context of surrounding sociocultural, political, and economic factors. Science policy determines what work will be done, who will do it, and how ...
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Chapter 4 analyzes everyday practice of science in the context of surrounding sociocultural, political, and economic factors. Science policy determines what work will be done, who will do it, and how it will be financed. Ambiguity inherent in everyday practice, subjectivity of review panels, and differences of opinion regarding what counts as a desirable outcome all complicate the linkage between research agendas and national goals. Normal functioning of the research environment requires a high degree of trust. Financial conflict of interest can interfere with every aspect of practice, including analysis and publication of research findings, sharing of research knowledge and tools, and decision making by public advisory committees. Disclosure may be unable to deal adequately with conflict of interest; recusal may be necessary. The potential change in the research environment from “publish or perish” to “patent and prosper” threatens the health of biomedical research.Less
Chapter 4 analyzes everyday practice of science in the context of surrounding sociocultural, political, and economic factors. Science policy determines what work will be done, who will do it, and how it will be financed. Ambiguity inherent in everyday practice, subjectivity of review panels, and differences of opinion regarding what counts as a desirable outcome all complicate the linkage between research agendas and national goals. Normal functioning of the research environment requires a high degree of trust. Financial conflict of interest can interfere with every aspect of practice, including analysis and publication of research findings, sharing of research knowledge and tools, and decision making by public advisory committees. Disclosure may be unable to deal adequately with conflict of interest; recusal may be necessary. The potential change in the research environment from “publish or perish” to “patent and prosper” threatens the health of biomedical research.
Marc A. Rodwin
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199755486
- eISBN:
- 9780199894918
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199755486.003.0013
- Subject:
- Political Science, Comparative Politics
This chapter presents recommendations on how to deal with physicians' conflicts of interest in the future. Individual physicians and organized medicine should restrict activities that create ...
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This chapter presents recommendations on how to deal with physicians' conflicts of interest in the future. Individual physicians and organized medicine should restrict activities that create conflicts of interest for practitioners and physician organizations. Physicians can change the way they conduct their own medical practice as well as participate in broader change through professional organizations and civic engagement. Physician organizations can develop ethical standards and policies for medical practice, continuing medical education (CME), and other medical activities. Even more important is another step that many physicians will find difficult. Physicians should accept the authority of federal and state government and laymen to reform the medical economy in ways that reduce and regulate physicians' conflicts of interest.Less
This chapter presents recommendations on how to deal with physicians' conflicts of interest in the future. Individual physicians and organized medicine should restrict activities that create conflicts of interest for practitioners and physician organizations. Physicians can change the way they conduct their own medical practice as well as participate in broader change through professional organizations and civic engagement. Physician organizations can develop ethical standards and policies for medical practice, continuing medical education (CME), and other medical activities. Even more important is another step that many physicians will find difficult. Physicians should accept the authority of federal and state government and laymen to reform the medical economy in ways that reduce and regulate physicians' conflicts of interest.
Eamonn Callan
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198292586
- eISBN:
- 9780191598913
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198292589.003.0004
- Subject:
- Political Science, Political Theory
The ethic of care has been advocated by some feminist scholars as an alternative to justice, and hence, as the aim of an alternative conception of political education. This view is shown to be ...
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The ethic of care has been advocated by some feminist scholars as an alternative to justice, and hence, as the aim of an alternative conception of political education. This view is shown to be mistaken because it rests on an artificial bifurcation of justice and care: neither the justice nor moral care worth having can be characterized adequately in abstraction from each other. That said, the idea of care insofar as it figures in caring attachment to a particular community of self‐rule—patriotism, in other words—may significantly augment virtue of justice by mitigating the conflicts of interest that threaten a stable liberal regime.Less
The ethic of care has been advocated by some feminist scholars as an alternative to justice, and hence, as the aim of an alternative conception of political education. This view is shown to be mistaken because it rests on an artificial bifurcation of justice and care: neither the justice nor moral care worth having can be characterized adequately in abstraction from each other. That said, the idea of care insofar as it figures in caring attachment to a particular community of self‐rule—patriotism, in other words—may significantly augment virtue of justice by mitigating the conflicts of interest that threaten a stable liberal regime.
Garcia Alcubilla and Ruiz del Pozo
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199608867
- eISBN:
- 9780191739125
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199608867.003.0003
- Subject:
- Economics and Finance, Financial Economics, Macro- and Monetary Economics
Due to the financial crisis, a new European System of Financial Supervisors including a new authority, ESMA, in charge of the oversight of rating agencies, was established. The chapter presents an ...
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Due to the financial crisis, a new European System of Financial Supervisors including a new authority, ESMA, in charge of the oversight of rating agencies, was established. The chapter presents an overview of this new financial architecture and provides an in-depth analysis of the European Regulation on rating agencies. It explains the regulatory use of ratings in the EU, analysing the ECAI recognition process of the Capital Requirements Directive, which implements the Basel framework. It also examines the registration process and the supervision and enforcement framework, and ESMA’s sanctioning powers. Finally, the chapter analyses in detail the requirements to enhance agencies’ governance, to manage conflicts of interest, to improve the processes to develop and review methodologies and models, and to increase disclosures on individual ratings and on transparency of agencies’ activities. The Regulation is examined in light of all relevant guidance from ESMA, IOSCO, and other supervisors, related EU legislation, and SEC’s rules.Less
Due to the financial crisis, a new European System of Financial Supervisors including a new authority, ESMA, in charge of the oversight of rating agencies, was established. The chapter presents an overview of this new financial architecture and provides an in-depth analysis of the European Regulation on rating agencies. It explains the regulatory use of ratings in the EU, analysing the ECAI recognition process of the Capital Requirements Directive, which implements the Basel framework. It also examines the registration process and the supervision and enforcement framework, and ESMA’s sanctioning powers. Finally, the chapter analyses in detail the requirements to enhance agencies’ governance, to manage conflicts of interest, to improve the processes to develop and review methodologies and models, and to increase disclosures on individual ratings and on transparency of agencies’ activities. The Regulation is examined in light of all relevant guidance from ESMA, IOSCO, and other supervisors, related EU legislation, and SEC’s rules.
Adil E. Shamoo and David B. Resnik
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195368246
- eISBN:
- 9780199867615
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195368246.003.0010
- Subject:
- Biology, Disease Ecology / Epidemiology, Biochemistry / Molecular Biology
Researchers and research institutions have a variety of financial, personal, and political interests that sometimes conflict with their professional, ethical, or legal obligations. These situations ...
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Researchers and research institutions have a variety of financial, personal, and political interests that sometimes conflict with their professional, ethical, or legal obligations. These situations can create conflicts of interest or the appearance of conflicts of interest. This chapter discusses how conflicts of interest affect research, how they are defined, and how they should be managed. It also describes how government agencies and research institutions have responded to conflicts of interest in research and describes some cases from science.Less
Researchers and research institutions have a variety of financial, personal, and political interests that sometimes conflict with their professional, ethical, or legal obligations. These situations can create conflicts of interest or the appearance of conflicts of interest. This chapter discusses how conflicts of interest affect research, how they are defined, and how they should be managed. It also describes how government agencies and research institutions have responded to conflicts of interest in research and describes some cases from science.
Bruce A. Thyer
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195323375
- eISBN:
- 9780199864430
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195323375.003.0004
- Subject:
- Social Work, Research and Evaluation
This chapter describes the various ways in which articles may be formally submitted to a professional journal, including postal mail, as e-mailed attachments, and (increasingly) via journal web ...
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This chapter describes the various ways in which articles may be formally submitted to a professional journal, including postal mail, as e-mailed attachments, and (increasingly) via journal web portals. Attention should be given to noting potential conflicts of interest, and also to avoiding the appearance (and reality) of so-called “salami science,” dividing the research project up into a series of small but publishable papers, when a larger article would be more in keeping with usefully disseminating the work.Less
This chapter describes the various ways in which articles may be formally submitted to a professional journal, including postal mail, as e-mailed attachments, and (increasingly) via journal web portals. Attention should be given to noting potential conflicts of interest, and also to avoiding the appearance (and reality) of so-called “salami science,” dividing the research project up into a series of small but publishable papers, when a larger article would be more in keeping with usefully disseminating the work.
RICHARD W. PAINTER
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195378719
- eISBN:
- 9780199869619
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195378719.003.0002
- Subject:
- Law, Constitutional and Administrative Law
This chapter presents a summary of some of the most important federal ethics rules, observations about how they work in practice, and suggestions for how they could be more effective. Topics ...
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This chapter presents a summary of some of the most important federal ethics rules, observations about how they work in practice, and suggestions for how they could be more effective. Topics discussed include gifts and travel, restrictions on representation, financial disclosure, financial conflicts of interest, covered relationships and the impartiality rule, and the movement of personnel between government and private industry.Less
This chapter presents a summary of some of the most important federal ethics rules, observations about how they work in practice, and suggestions for how they could be more effective. Topics discussed include gifts and travel, restrictions on representation, financial disclosure, financial conflicts of interest, covered relationships and the impartiality rule, and the movement of personnel between government and private industry.
Marc A. Rodwin
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199755486
- eISBN:
- 9780199894918
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199755486.003.0011
- Subject:
- Political Science, Comparative Politics
This chapter begins with a discussion of the six frequently proposed reforms to address conflicts of interest and how these are either ineffective or inadequate remedies. It then outlines six ...
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This chapter begins with a discussion of the six frequently proposed reforms to address conflicts of interest and how these are either ineffective or inadequate remedies. It then outlines six strategies that can help cope with physicians' conflicts of interest based on the experiences of the United States, France, and Japan. These are increasing medical care outside of private practice, restricting entrepreneurship within private practice, overseeing entrepreneurial physicians, regulating payment incentives, restricting and regulating ties with third parties, and protecting professional judgment.Less
This chapter begins with a discussion of the six frequently proposed reforms to address conflicts of interest and how these are either ineffective or inadequate remedies. It then outlines six strategies that can help cope with physicians' conflicts of interest based on the experiences of the United States, France, and Japan. These are increasing medical care outside of private practice, restricting entrepreneurship within private practice, overseeing entrepreneurial physicians, regulating payment incentives, restricting and regulating ties with third parties, and protecting professional judgment.
Kevin C. Elliott
- Published in print:
- 2011
- Published Online:
- January 2011
- ISBN:
- 9780199755622
- eISBN:
- 9780199827121
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199755622.003.0004
- Subject:
- Philosophy, Philosophy of Science
This chapter argues that current financial conflict‐of‐interest (COI) policies are severely limited in their ability to prevent powerful interest groups from hijacking university research. It ...
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This chapter argues that current financial conflict‐of‐interest (COI) policies are severely limited in their ability to prevent powerful interest groups from hijacking university research. It considers the three major elements of these policies (i.e., elimination of conflicts, disclosure, and management) and argues that none of them is likely to be both effective and practical. Given the current economic emphasis on creating links between universities and industry, outright elimination of conflicts will generally not be feasible. Moreover, despite the popularity of disclosure policies, psychologists warn that those who receive information about conflicts are often unable to employ that information effectively. By highlighting the wide array of value judgments that permeate scientific practice, this book strengthens these psychological arguments by highlighting how difficult it would be for the recipients of information to estimate how financial conflicts might be influencing such a diverse array of judgments. Finally, the prevalence of these judgments makes it unlikely that management committees could prevent questionable influences on science without instituting an unreasonable amount of bureaucratic oversight. Chapter 4 suggests that, instead of depending only on COI policies, university administrators and policy makers would do well to consider at least five additional options. These include providing more funding for independent research, preventing particularly egregious institutional conflicts, creating trial registries, and developing both adversarial and consensual deliberative forums.Less
This chapter argues that current financial conflict‐of‐interest (COI) policies are severely limited in their ability to prevent powerful interest groups from hijacking university research. It considers the three major elements of these policies (i.e., elimination of conflicts, disclosure, and management) and argues that none of them is likely to be both effective and practical. Given the current economic emphasis on creating links between universities and industry, outright elimination of conflicts will generally not be feasible. Moreover, despite the popularity of disclosure policies, psychologists warn that those who receive information about conflicts are often unable to employ that information effectively. By highlighting the wide array of value judgments that permeate scientific practice, this book strengthens these psychological arguments by highlighting how difficult it would be for the recipients of information to estimate how financial conflicts might be influencing such a diverse array of judgments. Finally, the prevalence of these judgments makes it unlikely that management committees could prevent questionable influences on science without instituting an unreasonable amount of bureaucratic oversight. Chapter 4 suggests that, instead of depending only on COI policies, university administrators and policy makers would do well to consider at least five additional options. These include providing more funding for independent research, preventing particularly egregious institutional conflicts, creating trial registries, and developing both adversarial and consensual deliberative forums.
Roy C. Smith and Ingo Walter
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780195171679
- eISBN:
- 9780199783618
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195171675.001.0001
- Subject:
- Economics and Finance, Microeconomics
This book examines the effective governance, monitoring, and control of corporations and financial markets, drawing on the lessons of history and with a firm focus on the future. The book is divided ...
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This book examines the effective governance, monitoring, and control of corporations and financial markets, drawing on the lessons of history and with a firm focus on the future. The book is divided into four parts. Part I consists of two chapters: the first considers the nature, effects, and consequences of the bubble of 1995-2000; the second chapter assesses the more fundamental effects related to the evolving dominance of capital markets, which has changed the way corporate executives perceive their role and the expectations they are required to meet. Part II consists of three chapters that explore the internal governance function of corporations. Part III includes three chapters that examine the modern roles and practices of institutional investors, auditors, and banks and brokerages in conducting the fiduciary and governance functions allocated to them in the capital-market system. Part IV examines the evolution of the legal and regulatory system supporting the markets, and focuses on its troubling impotence as a consequence of modern political realities. It analyzes how conflicts of interest have become a more serious threat to the well-being of the market system than before.Less
This book examines the effective governance, monitoring, and control of corporations and financial markets, drawing on the lessons of history and with a firm focus on the future. The book is divided into four parts. Part I consists of two chapters: the first considers the nature, effects, and consequences of the bubble of 1995-2000; the second chapter assesses the more fundamental effects related to the evolving dominance of capital markets, which has changed the way corporate executives perceive their role and the expectations they are required to meet. Part II consists of three chapters that explore the internal governance function of corporations. Part III includes three chapters that examine the modern roles and practices of institutional investors, auditors, and banks and brokerages in conducting the fiduciary and governance functions allocated to them in the capital-market system. Part IV examines the evolution of the legal and regulatory system supporting the markets, and focuses on its troubling impotence as a consequence of modern political realities. It analyzes how conflicts of interest have become a more serious threat to the well-being of the market system than before.
Marc A. Rodwin
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199755486
- eISBN:
- 9780199894918
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199755486.003.0004
- Subject:
- Political Science, Comparative Politics
During the French Revolution, the state assumed the Catholic Church's moral authority and charitable functions and enshrined the idea of the common good in secular public law. It also replaced ...
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During the French Revolution, the state assumed the Catholic Church's moral authority and charitable functions and enshrined the idea of the common good in secular public law. It also replaced occupational guilds and corporations with state supervision of public professions and private occupational groups. Today, the state attempts to regulate individual pursuits of private interests that conflict with its conception of the public interest. This chapter discusses how this approach shapes French ideas about conflicts of interest and the state's response.Less
During the French Revolution, the state assumed the Catholic Church's moral authority and charitable functions and enshrined the idea of the common good in secular public law. It also replaced occupational guilds and corporations with state supervision of public professions and private occupational groups. Today, the state attempts to regulate individual pursuits of private interests that conflict with its conception of the public interest. This chapter discusses how this approach shapes French ideas about conflicts of interest and the state's response.
Raquel García Alcubilla and Javier Ruiz del Pozo
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199608867
- eISBN:
- 9780191739125
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199608867.001.0001
- Subject:
- Economics and Finance, Financial Economics, Macro- and Monetary Economics
In a non-technical language, the book provides an overview of the history of ratings, the role of rating agencies, the industry, the uses of ratings and the rating process. The US subprime crisis ...
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In a non-technical language, the book provides an overview of the history of ratings, the role of rating agencies, the industry, the uses of ratings and the rating process. The US subprime crisis that highlighted relevant deficiencies in the rating agencies’ activities and their systemic relevance, led to an international consensus to establish public oversight and regulation of the rating business. The book explains the global initiatives undertaken by the G-20, the Financial Stability Board, and IOSCO to address those failures and the European implementation of such a consensus. It also provides an overview of the new European System of Financial Supervisors implemented as a reaction to the crisis and examines the supervisory and enforcement powers of ESMA, the new authority in charge of the registration and oversight of rating agencies. Through an in-depth analysis of the European Regulation’s requirements on governance, conflicts of interest, methodologies, disclosures, and transparency, the book provides a clear explanation of how rating agencies operate and how the identified failures have been addressed. The explanation of all these aspects is complemented with an analysis of guidance from supervisors (ESMA and EBA), IOSCO’s recommendations, and US legislation. Finally, the book discusses possible new regulatory developments in areas such as the agencies’ business model, competition, civil liability, and ratings of sovereign debt. It concludes with the authors’ support for an enhanced regulatory and oversight coordination at global level, a reduction of the existing over-reliance on ratings, and a concentration of resources on the enforcement of the current regulatory regime.Less
In a non-technical language, the book provides an overview of the history of ratings, the role of rating agencies, the industry, the uses of ratings and the rating process. The US subprime crisis that highlighted relevant deficiencies in the rating agencies’ activities and their systemic relevance, led to an international consensus to establish public oversight and regulation of the rating business. The book explains the global initiatives undertaken by the G-20, the Financial Stability Board, and IOSCO to address those failures and the European implementation of such a consensus. It also provides an overview of the new European System of Financial Supervisors implemented as a reaction to the crisis and examines the supervisory and enforcement powers of ESMA, the new authority in charge of the registration and oversight of rating agencies. Through an in-depth analysis of the European Regulation’s requirements on governance, conflicts of interest, methodologies, disclosures, and transparency, the book provides a clear explanation of how rating agencies operate and how the identified failures have been addressed. The explanation of all these aspects is complemented with an analysis of guidance from supervisors (ESMA and EBA), IOSCO’s recommendations, and US legislation. Finally, the book discusses possible new regulatory developments in areas such as the agencies’ business model, competition, civil liability, and ratings of sovereign debt. It concludes with the authors’ support for an enhanced regulatory and oversight coordination at global level, a reduction of the existing over-reliance on ratings, and a concentration of resources on the enforcement of the current regulatory regime.
Luca Enriques
- Published in print:
- 2006
- Published Online:
- January 2009
- ISBN:
- 9780199202911
- eISBN:
- 9780191707964
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199202911.003.0011
- Subject:
- Law, Company and Commercial Law
The Markets in Financial Instruments Directive (MiFID) lays down organizational and conduct-of-business rules on conflicts of interest of investment firms and banks providing investment services. It ...
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The Markets in Financial Instruments Directive (MiFID) lays down organizational and conduct-of-business rules on conflicts of interest of investment firms and banks providing investment services. It is easy to predict that, as a consequence of the home country control principle, the MiFID will lead to de facto complete harmonization of the rules on conflicts of interest: Member States will refrain from enacting further rules on conflicts of interest so as to avoid putting domestic firms at a competitive disadvantage vis-à-vis EC firms. This chapter inquires into this prospective uniformity, making two points. Firstly, the uniformity will be more apparent than real. Secondly, that the uniform rules on conflicts of interests will lower the degree of investor protection in at least some Member States (namely, Italy) where regulation would be most needed in light of the lower degree of competition in the financial services industry, the lower level of investor education, and the unimpressive record of the financial services authority.Less
The Markets in Financial Instruments Directive (MiFID) lays down organizational and conduct-of-business rules on conflicts of interest of investment firms and banks providing investment services. It is easy to predict that, as a consequence of the home country control principle, the MiFID will lead to de facto complete harmonization of the rules on conflicts of interest: Member States will refrain from enacting further rules on conflicts of interest so as to avoid putting domestic firms at a competitive disadvantage vis-à-vis EC firms. This chapter inquires into this prospective uniformity, making two points. Firstly, the uniformity will be more apparent than real. Secondly, that the uniform rules on conflicts of interests will lower the degree of investor protection in at least some Member States (namely, Italy) where regulation would be most needed in light of the lower degree of competition in the financial services industry, the lower level of investor education, and the unimpressive record of the financial services authority.
Kevin Elliott
- Published in print:
- 2011
- Published Online:
- January 2011
- ISBN:
- 9780199755622
- eISBN:
- 9780199827121
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199755622.001.0001
- Subject:
- Philosophy, Philosophy of Science
This book examines a variety of ways in which societal values can be more effectively integrated into the numerous judgments associated with policy‐relevant environmental research. It provides a ...
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This book examines a variety of ways in which societal values can be more effectively integrated into the numerous judgments associated with policy‐relevant environmental research. It provides a detailed analysis of contemporary research on the hypothesis of hormesis (i.e., beneficial biological effects caused by low‐dose exposure to pollutants that are ordinarily toxic). On the basis of this analysis, as well as shorter case studies of endocrine disruption and multiple chemical sensitivity, the book proposes three lessons. First, university conflict‐of‐interest policies are significantly limited in their ability to prevent interest groups from “hijacking” academic research on sensitive policy‐relevant topics. Therefore, alternative strategies are needed to preserve science that serves the public interest. Second, concerned citizens and policy makers need to more carefully determine the most appropriate forms of broadly based deliberation to be employed in response to specific areas of sensitive, policy‐relevant research. Third, the principle of informed consent, which currently provides guidance in the medical field, suggests a promising ethical framework that can help environmental scientists who disseminate debated findings to the public. Throughout, the book highlights many of the crucial ethical and societal questions surrounding research on the hormesis hypothesis. It thereby constitutes the first book‐length manuscript to provide guidance to the concerned citizens, industry groups, scientists, and policy makers who are exploring ways to respond to this phenomenon.Less
This book examines a variety of ways in which societal values can be more effectively integrated into the numerous judgments associated with policy‐relevant environmental research. It provides a detailed analysis of contemporary research on the hypothesis of hormesis (i.e., beneficial biological effects caused by low‐dose exposure to pollutants that are ordinarily toxic). On the basis of this analysis, as well as shorter case studies of endocrine disruption and multiple chemical sensitivity, the book proposes three lessons. First, university conflict‐of‐interest policies are significantly limited in their ability to prevent interest groups from “hijacking” academic research on sensitive policy‐relevant topics. Therefore, alternative strategies are needed to preserve science that serves the public interest. Second, concerned citizens and policy makers need to more carefully determine the most appropriate forms of broadly based deliberation to be employed in response to specific areas of sensitive, policy‐relevant research. Third, the principle of informed consent, which currently provides guidance in the medical field, suggests a promising ethical framework that can help environmental scientists who disseminate debated findings to the public. Throughout, the book highlights many of the crucial ethical and societal questions surrounding research on the hormesis hypothesis. It thereby constitutes the first book‐length manuscript to provide guidance to the concerned citizens, industry groups, scientists, and policy makers who are exploring ways to respond to this phenomenon.
Marc A. Rodwin
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199755486
- eISBN:
- 9780199894918
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199755486.003.0002
- Subject:
- Political Science, Comparative Politics
This chapter sets out the purpose of the book, which is to examine the political economy of medicine in the United States, France, and Japan. These countries illustrate how differences in the roles ...
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This chapter sets out the purpose of the book, which is to examine the political economy of medicine in the United States, France, and Japan. These countries illustrate how differences in the roles of organized medicine, markets, and the state affect the existence and resolution of physicians' conflicts of interest. It presents a background of the medical profession and medical economy in the three countries. It then discusses the sources of conflicts of interest and recommendations to address these problems.Less
This chapter sets out the purpose of the book, which is to examine the political economy of medicine in the United States, France, and Japan. These countries illustrate how differences in the roles of organized medicine, markets, and the state affect the existence and resolution of physicians' conflicts of interest. It presents a background of the medical profession and medical economy in the three countries. It then discusses the sources of conflicts of interest and recommendations to address these problems.
Christopher Meyers (ed.)
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195370805
- eISBN:
- 9780199776610
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195370805.001.0001
- Subject:
- Philosophy, Moral Philosophy
Since the introduction of radio and television news, journalism has gone through multiple transformations, but each time it has been sustained by a commitment to basic values and best practices. ...
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Since the introduction of radio and television news, journalism has gone through multiple transformations, but each time it has been sustained by a commitment to basic values and best practices. Journalism Ethics is a reminder, a defence, and an elucidation of core journalistic values, with particular emphasis on the interplay of theory, conceptual analysis and practice. This unified text on journalism ethics begins with a sophisticated model for ethical decision making, devised by two of the nation's leading ethicists, which connects classical theories with the central purposes of journalism. Top scholars from philosophy, journalism and communications offer essays on such topics as objectivity, privacy, confidentiality, conflict of interest, the history of journalism, online journalism, and the definition of a journalist. Theoretical essays are paired with practical essays in order to better inform the discussion. The result is a guide to ethically sound and socially justified journalism, in whatever form that practice emerges.Less
Since the introduction of radio and television news, journalism has gone through multiple transformations, but each time it has been sustained by a commitment to basic values and best practices. Journalism Ethics is a reminder, a defence, and an elucidation of core journalistic values, with particular emphasis on the interplay of theory, conceptual analysis and practice. This unified text on journalism ethics begins with a sophisticated model for ethical decision making, devised by two of the nation's leading ethicists, which connects classical theories with the central purposes of journalism. Top scholars from philosophy, journalism and communications offer essays on such topics as objectivity, privacy, confidentiality, conflict of interest, the history of journalism, online journalism, and the definition of a journalist. Theoretical essays are paired with practical essays in order to better inform the discussion. The result is a guide to ethically sound and socially justified journalism, in whatever form that practice emerges.
RICHARD W. PAINTER
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195378719
- eISBN:
- 9780199869619
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195378719.003.0004
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines the ethical consequences of the outsourcing of government functions. It discusses partial outsourcing to special government employees. It identifies problems that may be more ...
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This chapter examines the ethical consequences of the outsourcing of government functions. It discusses partial outsourcing to special government employees. It identifies problems that may be more difficult for the government to solve with contractors than they would be to solve with its own employees.Less
This chapter examines the ethical consequences of the outsourcing of government functions. It discusses partial outsourcing to special government employees. It identifies problems that may be more difficult for the government to solve with contractors than they would be to solve with its own employees.
